Philips v. Stewart

Decision Date31 October 1878
Citation69 Mo. 149
PartiesPHILIPS v. STEWART, Appellant.
CourtMissouri Supreme Court

Appeal from Putnam Circuit Court.--HON. G. D. BURGESS, Judge.

A. W. Mullins and G. W. Easley for appellant.

Chas. A. Winslow for respondent.

NAPTON, J.

The defendant is this case was sued for debauching the daughter of the plaintiff, and upon a trial before a jury was found guilty of the charge, and sentenced to pay $229. The only ground urged here for the reversal of the judgment is, that a paper was found in the jury room, immediately after the verdict was returned, containing a series of figures, the aggregate of which, divided by twelve, made the exact sum found by the jury, and the defendant's counsel offered to prove by one of the jury that these figures were made by one of that body. This testimony was rejected by the court, and we think properly.

The court then entered a general judgment against the defendant, with directions, however, that the attached property should first be sold, which latter part of the judgment must be reversed in accordance with the decision of this court in Kritzer v. Smith, 21 Mo. 302.

The judgment thus modified will be entered here.

AFFIRMED.

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23 cases
  • Thompson v. City of Lamar
    • United States
    • Missouri Supreme Court
    • 29 Marzo 1929
    ...cannot be heard to impeach their verdict, and no testimony returned by them or offered by them can be received for such purpose. Phillips v. Stewart, 69 Mo. 149. (12) A parent may employ his adult child to nurse him and take care of him the same as any one else. Gibney v. Transit Co., 204 M......
  • Thompson v. City of Lamar
    • United States
    • Missouri Supreme Court
    • 29 Marzo 1929
    ...cannot be heard to impeach their verdict, and no testimony returned by them or offered by them can be received for such purpose. Phillips v. Stewart, 69 Mo. 149. (12) A parent may employ his adult child to nurse him and take care of him the same as any one else. Gibney v. Transit Co., 204 M......
  • State v. McGinnis
    • United States
    • Missouri Supreme Court
    • 25 Mayo 1928
    ... ... discharge. Bank of Malden v. Stokes, 280 S.W. 1055; ... McFarland v. Bellows, 49 Mo. 311; Philips v ... Stewart, 69 Mo. 149; Hoffman v. Dunham, 202 ... S.W. 429; Evans v. Klusmeyer, 256 S.W. 1036; ... Proffer v. Miller, 69 Mo.App. 501; State ... ...
  • State v. McGinnis
    • United States
    • Missouri Supreme Court
    • 25 Mayo 1928
    ...as to statements of a juror after his discharge. Bank of Malden v. Stokes, 280 S.W. 1055; McFarland v. Bellows, 49 Mo. 311; Philips v. Stewart, 69 Mo. 149; Hoffman v. Dunham, 202 S.W. 429; Evans v. Klusmeyer, 256 S.W. 1036; Proffer v. Miller, 69 Mo. App. 501; State ex rel. Rogers v. Gage Br......
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